Ex Parte Pribonic et al - Page 10




                 Appeal No. 2004-2291                                                                                 Page 10                     
                 Application No. 10/318,506                                                                                                       



                         For the reasons set forth above, the decision of the examiner to reject claims 1 to                                      
                 20 under 35 U.S.C. § 103 is reversed.                                                                                            


                                                               CONCLUSION                                                                         
                         To summarize, the decision of the examiner to reject claims 1 to 6, 11 to 21 and                                         
                 23 under the judicially created doctrine of obviousness-type double patenting as being                                           
                 unpatentable over claims 1 to 7, 9 and 11 to 20 of U.S. Patent No. 6,523,650 B1 is                                               
                 affirmed; the decision of the examiner to reject claims 21 to 24 under the judicially                                            
                 created doctrine of obviousness-type double patenting as being unpatentable over                                                 
                 claims 2 to 5 of U.S. Patent No. 6,533,083 B1 is affirmed; the decision of the examiner                                          
                 to reject claims 21 to 26 under 35 U.S.C. § 102(b) is reversed; and the decision of the                                          
                 examiner to reject claims 1 to 20 under 35 U.S.C. § 103 is reversed.                                                             





















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